A will is a document on which a person(s) directs on how his or her assets shall be distributed after his or her death. If a person dies without having made a valid will the laws of intestate succession will apply, which means the assets will be distributed in line with the Law of Intestate Succession Act, 81 of 1987 and often, not be in line with how the family traditionally expects the assets of the deceased to be administered. For example, the parents of the deceased will often not inherit if the deceased was married or had children.

Moreover, the South African law recognizes freedom of testation subject to the fact that the Will not be illegal, immoral, vague or contrary to the Constitution.

Wills Act, 7 of 1953 stipulates the requirements and formalities of having a valid Will. The said requirements are that, the Will must be in writing; be signed by the Testator, and in the presence of two or more competent witnesses. Only a person of the age of 16 or older may make a Will on condition that he or she has the mental capacity to appreciate the nature and effect of his or her act.

Contact our offices for us to assist you in making a valid Will and decide on how you want your assets to be distributed upon death.